Can I get legal aid for a SEND Tribunal appeal?

Legal aid is available for SEND Tribunal appeals, but only at a specific level called Legal Help, and it's subject to a financial means test.

What does Legal Help actually cover?

1. Advice and assistance preparing your appeal
2. Help gathering evidence, including in some cases funding for independent expert reports
3. Support understanding the local authority's response and the process generally

What doesn't it cover?

Legal Help doesn't usually extend to having a solicitor represent you at the hearing itself. In exceptional circumstances a legal aid provider may be able to secure funding for representation, but this isn't the norm, most parents who use Legal Help still attend and present their own case at the hearing.

Are discrimination claims treated differently?

Separately from EHCP-related appeals, if you believe a child has faced disability discrimination from a school, college, or other education provider, legal aid may also be available in relation to that claim, under different rules.

How do you find out if you qualify?

1. Eligibility depends on a financial means test and a merits test
2. Civil Legal Advice can help confirm whether you qualify and connect you with a legal aid provider
3. Your local SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service) is free, independent of the local authority, and can also help, whether or not you qualify for legal aid

Working out what legal aid would and wouldn't cover for your specific situation, before you go looking for a solicitor, can save real time. SEND Assistant helps you understand what kind of support is actually available to you. Try SEND Assistant free.

Frequently asked questions

Does it cost anything to appeal to the SEND Tribunal itself?

No, there's no fee to register or attend a SEND Tribunal appeal, legal aid relates to the cost of getting legal help with it, not the appeal itself.

Can I get legal aid if I've already started my appeal?

Eligibility can be checked at any stage of the process, not only before an appeal starts.

Does SENDIASS provide the same thing as legal aid?

No, SENDIASS is a free, independent advice and support service, not a substitute for legal aid, though it can help regardless of whether you qualify for legal aid.

What if I'm not eligible for legal aid?

You can still bring an appeal without a solicitor, many parents do. Free support is available through SENDIASS and charities working in this area.

Can legal aid help pay for an independent expert report?

In some cases, yes, Legal Help can extend to funding for evidence such as an independent expert's report where it's considered necessary for the appeal.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.